Sri. Khanu Sawant Kurubar @ Aidmale, Shepherd and Others vs Sri. Bala-saheb Kalagouda Patil Since deceased by his Lrs., Sri. Sunil Balasaheb Patil

Huluvadi G. Ramesh

The second appeal arises out of the order passed by the Fast Track Court I, Chikkodi in RA 34/1990 on 9.11.2009 against the order of the Principal Munsiff, Chikkodi in OS 245/1978 on 20.9.1990. Original suit was filed by the plaintiffs before the Prl. Munsiff, Chikkodi against the defendants for partition and separate possession of their 1/4th share in the suit land in Sy. No. 1 measuring 14.34 acres (RS 1/A/1/1 and RS 1/A/1/2) The suit was contested. During pendency of the suit, several persons have died.

The 15th defendant resisted the suit along with some other defendants denying the contents of the suit. According to the defendants, land in question is a mardi land situate at Borgaon measuring 14.29 acres and defendants and their ancestors are actually residing in old houses and huts and the contention of the plaintiffs or their predecessor in title were in joint possession and cultivation of the property is false and plaintiffs have nothing to do with the said land. Based on the pleadings, as many as sixteen issues were raised. After inquiry, while answering the relevant issues, trial court decreed the suit with costs holding that plaintiffs are entitled for partition and separate possession of 1/4th share in the suit land. Against the said order in the appeal filed, the Fast Track Court I, Chikkodi in RA 34/1990 dismissed the appeal confirming the judgment and decree passed by the Prl. Munsiff Court. Against the said order, this second appeal is filed.

During pendency of the matter, parties have entered into compromise amicably and have filed a compromise petition under O 23 R 3, CPC. As per the terms of the compromise, it appears after the purchase of property in 1925, plaintiffs are shown to have not taken possession and it had been continued in possession of the defendants. As such, at the instance of elderly persons, appellants and respondents 9 - 57 have agreed to compromise as per the terms of the compromise memo and have agreed to pay Rs. 1 lakh to respondent 1, 6(a) and 7 respectively towards cost of litigation expenses. Parties and their counsel are present. Parties are permitted to enter into compromise. The compromise petition be read as part and parcel of this order. The decree of the trial court as well as the lower appellate court is modified accordingly. Appeal is disposed of in terms of the compromise petition.